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Poster: tkFawcett Date: Jan 8, 2011 6:57pm
Forum: feature_films Subject: Re: M - Eine Stadt sucht einen Moerder

Video-Cellar,
I am relatively new here and don't have your depth of knowledge of this subject matter. You have obviously put in countless hours in research and asserting and defending your arguments so forgive my curiosity but I wonder who you're representing? Are you a copyright holder? Do you represent copyright holders? Do you represent IA's legal defense team?
If you are not a CR holder and do not represent others claims, is not your opinion (albeit well researched) no more valid than the opinion of other posters here?
Why can't IA continue to host movies that it believes to be in the public domain until such time that an actual copyright holder or their representatives assert a claim and THEN remove the movie? As I said, I don't have your expertise in these matters but this all seems much ado about nothing until and unless an actual infringement claim is asserted.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 8, 2011 7:36pm
Forum: feature_films Subject: Re: M - Eine Stadt sucht einen Moerder

I didn't ask for the removal of the films. In one of the films cases the actual uploader has asked for the film's removal. I simply provided correct information about an extremely flawed list that was being used as a guide for the further uploading of films to the Archive. I have tried to present accross these few discussions researched, documented facts about the copyright status of a number of the works in question in the face of erroneous and, in some cases, completely fabricated assertions of public domain status. I have tried to give good, factual information on these films and not misguided and misleading information that leads other users into a false sense of security in using the works.

I am a collection owner at archive.org and have some administration rights, but I am not a representitive of the Archive or a representitive of any copyright owners group. The perspective I come from is both as both a copyright owner and as a user of public domain material. I understand what it is like to have your copyrights stolen and used contrary to your wishes. I also know the value of drawing from the public domain to create new works. When I was starting out, and had not independently studied the laws that effect copyright and the public domain, I was burned many times by relying on popular sources and methods of determining what was public domain.

For many people, the Internet Archive has become one of those popular sources. If a film is here in the Feature Films collection it is seen as an endorsement and determination of its public domain status. In fact, most of the citations for public domain status of works on sites like wikipedia is availability on Archive.org. In reality, the inclusion of a film here is no more a sign of its copyright status as any film included on any user uploaded video site. However, people trust the Internet Archive to give them legal, free entertainment.

While the DMCA in theory protects the Archive, it does not protect the uploaders and downloaders who use copyright material placed here - innocent infringement is not a valid defence where a clear statement of copyright is included in the film. It is unfair to break the trust of those users by duping them into becoming copyright infringers.

There are a number of users who, from time to time, lend their legislative knowledge and expertise to the archive forums in order to help clarify the more difficult aspects of determining the copyright status of works. Sometimes the contributions are appreciated, sometimes not. There seems to be some amount of conflict between the regular users of Feature Films Collections that want the site to remain the public domain film archive and those regular users who would like it to become an anything goes type of video site in the Youtube or Veoh style.

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Poster: tkFawcett Date: Jan 8, 2011 8:49pm
Forum: feature_films Subject: Re: M - Eine Stadt sucht einen Moerder

Thanks for the additional explanation as to your motives and background. You used the phrase "innocent infringement", which not only seems to be an oxymoron but also seems to put an unreasonable burden of responsibility on the average person. Does every uploader (or downloader) have to posess your knowledge of copyright law? I have to confess that with the quality of most movies here I can't begin to read the fine print of most legal notices.
In any case, thanks again!

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 8, 2011 9:04pm
Forum: feature_films Subject: Re: M - Eine Stadt sucht einen Moerder

You're welcome.

Its true that "innocent infringement" is something of an oxymoron. Strangely, it is one that was codified in the copyright law:

If a notice of copyright in the form and position specified by this section appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages

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Poster: tkFawcett Date: Jan 8, 2011 9:25pm
Forum: feature_films Subject: Re: M - Eine Stadt sucht einen Moerder

I guess the old saying goes: "Ignorance of the law excuses no man" --John Seldon, English jurist, (1584 - 1654)